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^^-, THE 



SCHOOL LAW OF ILLINOIS 



ENACTED BY THE 



Forty-Fifth General Assembly 



ISSUED BY 

FRANCIS G. BLAIR 

Superintendent of Public nstruction. 



SPRINGFIELD, ILL. 
PHTuutPS Bbos., State Pbintebs 

1907 



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D. Of D. 

JAN 4 13ia 



CIRCULAR 10 



EDUCATIONAL COMMISSION. 

An Act to create an educational commission, to define its powers 
and duties, and to make an appropriation therefor. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That a commission of seven 
members be, and is hereby created, to be known as the Educational 
Commission, to be constituted and appointed as hereinafter provided. 

§ 2. Upon the passage and approval of this Act, the Governor 
shall nominate, and by and with the advice and consent of the Senate, 
appoint six persons representing the various phases of educational 
work within the State, who, together with the Superintendent of 
Public Instruction, shall constitute the commission. The Superintend- 
ent of Public Instruction shall be ex officio chairman of the commis- 
sion. All vacancies that may occur by resignation or otherwise shall 
be filled by the Governor. 

§ 3. The commission shall meet at the call of the chairman and 
elect a secretary, and shall cause a record to be made and kept of all 
its proceedings. Four members shall constitute a quorum for the 
transaction of business. 

§ 4. It shall be the duty of the Educational Commission to make a 
thorough investigation of the common school system, of Illinois, and 
the laws under which it is organized and operated : To make a com- 
parative study of such other school systems as may seem advisable 
and to submit to the forty-sixth General Assembly a report including 
such suggestions, recommendations, revisions, additions, corrections 
and amendments as the commission shall deem necessary. 

§ 5. The public printer is hereby authorized and directed to do all 
printing necessary for the Educational Commission. 

§ 6. The members of the commission shall receive only their 
actual personal and traveling expenses, to be paid upon the presenta- 
tion of itemized statements of such accounts, verified by affidavits, and 
approved by the Governor; Provided, however, that the secretary may 



receive fair compensation for the time actually spent in the work of 
the commission, such compensation to be determined by the commis- 
sion and approved by the Governor. 

§ 7. The sum of $10,000.00 is hereby appropriated for postage, 
stationery, clerical and expert service, incidental and traveling ex- 
penses of the commission, and the Auditor of Public Accounts is 
hereby authorized to draw his warrant for the foregoing amount or 
any part thereof, on the order of the Educational Commission, signed 
by its chairman, attested by its secretary, and approved by the Gov- 
ernor. 

Approved May 25, 1907. 



REVENUE — TAXATION. 

An Act to amend Section 202, Article 8, of an Act entitled, "An Act 
to establish and maintain a system of free schools" approved and in 
force May 21, i88p, as amended by an Act approved April 21, i8pp. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That Section 202, Article 8, of 
an Act entitled, "An Act to establish and maintain a system of free 
schools," approved and in force May 21, 1889, as amended by an Act 
approved April 21, 1899, be amended so as to read as follows: 

§ 202. For the purpose of establishing and supporting free schools 
for not less than six nor more than nine months in each year, and 
defraying all the expenses of the same of every description, for the 
purpose of repairing and improving school houses, of procuring furni- 
ture, fuel, libraries and apparatus, and for all other necessary inci- 
dental expenses in each district, village or city, anything in any special 
charter to the contrary notwithstanding, the directors of such district 
and the authorities of such village or city shall be authorized to levy 
a tax annually upon all the taxable property of the district, village or 
city not to exceed two and one-half per cent for educational and two 
and one-half per cent for building purposes (except to pay indebted- 
ness contracted previous to the passage of this Act), the valuation to 
be ascertained by the last assessment for State and county taxes: 
Provided, however, that in cities having a population exceeding one 
hundred thousand inhabitants the board of education may establish 
and maintain vacation schools and play grounds under such rules as 
it shall prescribe. * "^ * * * And, provided, further, that in 
municipalities of less than 100,000 inhabitants the term incidental ex- 
penses herein used shall not include any sum expended or obligation 
incurred for the improvement, repair or benefit of the school buildings 
and property, but all such sums and obligations shall be paid from that 
portion of the tax levied for building purposes. And, provided, fur- 
ther, that no election or petition shall be necessary to authorize the levy 
of a tax for the ordinary repair and improvement of school buildings 
or grounds or for the payment of any special tax or special assessment 
levied upon such property. 

Approved May 20, 1907. 



HIGH SCHOOL PRIVILEGES. 

An Act to provide free high school privileges for graduates of the 
eighth grade. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the graduates of the 
eighth grade in any school district in this State, in which no high 
school is maintained, shall, upon the payment of tuition, be admitted 
to the high school of any district in the county in which such pupils 
reside, or in any adjoining county by and with the consent of the 
school board of such district where such high school is located. The 
tuition in cases where the parent or guardian of such pupil is unable 
to pay tuition, the same shall be paid by the school board of the dis- 
trict in which such pupils reside, from the funds of the district. But 
the tuition in no case shall exceed the per capita cost of maintaining 
the high school selected. The parent or guardian, with the approval 
of the school board of the home district and the consent of the school 
board of the district in which the high school is situated, shall be 
authorized to select the high school to be attended by such pupils: 
Provided, however, that the high school selected shall offer a program 
of studies extending through four school years : And, provided, further, 
that the application of this Act shall not relate to districts that offer 
work in the ninth and tenth grades, except to pupils that have com- 
pleted the work in such grades. 

Approved May 25, 1907. 



LINDLY scholarships. 

An Act to amend section 5 of an Act entitled, "An Act to provide for 
scholarships for graduates of the eighth grade," approved May 12, 
1905. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 3 of an Act en- 
titled, "An Act to provide for scholarships for graduates of the eighth 
grade," approved May 12, 1905, be, and the same is hereby amended 
so as to read as follows: 

§ 3. All examinations shall be held on any Saturday between the 
first day of March and the fifteenth day of May in each year, accord- 
ing to rules and regulations prescribed by the Superintendent of 
Public Instruction, and the pupil found to possess the highest qualifi- 
cations shall be entitled to such scholarship : Provided, hoivever, that 
such pupil shall be a resident of the township in which such examin- 
ation is held: And, provided, further, that where no application is re- 
ceived from any township, the county superintendent of schools shall 
assign the pupil found to possess the next highest qualifications to that 
township. 

§ 2. Whereas, An emergency exists, therefore this Act shall 
take effect and be in force from after its passage. 

Approved April 20, 1907. 



SCHOOL ATTENDANCE. 

An Act to amend sections i, 4 and 5 of an Act entitled, "An Act to 
promote attendance of children in schools and to prevent truancy," 
approved June 11, i8gy, as amended by an Act approved May jj, 
ipoj. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That sections i, 4 and 5 of an 
Act entitled, "An Act to promote attendance of children in schools 
and to prevent truancy," approved June ii, 1897, as amended by an 
.Act approved May 13, 1903, be, and the same are hereby amended so 
as to read as follows : 

Section i. Every person having control of any child between the 
ages of seven (7) and sixteen (16) years, shall annually cause such 
child to attend some public or private school for the entire time during 
which the school attended is in session, which period shall not be less 
than one hundred and ten (no) days of actual teaching: Provided, 
however, that this Act shall not apply in any case where the child has 
been or is being instructed for a like period of time in each and every 
year in the elementary branches of education by a person or persons 
competent to give such instruction, or where the child's physical or 
mental condition renders his or her attendance impractical or mex 
pedient, or where the child is excused for temporary absence for 
cause by the principal or teacher of the school which said child attends, 
or where the child is between the ages of fourteen (14) and sixteen 
(16) years and is necessarily and lawfully employed during the hours 
when the public school is in session, 

§ 4. Any person having control of a child, who, with intent to 
evade the provisions of this Act, shall make a false statement con- 
cerning the age or the employment of such child or the time such child 
has attended school, shall for such oifence forfeit a sum of not less 
than three ($3.00) dollars nor more than twenty ($20.00) for the use 
of the public schools of such city, town, village or district. 

§ 5. Any fine, forfeiture or penalty mentioned in this Act may be 
imposed by any court of record, or justice of the peace of the proper 
county, and any fine, forfeiture or penalty mentioned in this Act may 
be recovered in the name of the people of the State of Illinois for the 
use of the public schools of the city, town, village or district in which 
said child resides. 

Approved May 25, 1907. 



county fund. 

An Act to amend Section 21, Article 2, of an Act to establish and 
maintain a system of free schools, approved and in force May 21 
1889. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That Section 21, Article 2, of 



an Act to establish and maintain a system of free schools, approved 
and in force May 21, 1889, be, and the same is hereby amended so as 
to read as follows : 

§ 21. The county superintendent of schools shall apportion and 
distribute, under rules and regulations prescribed by the Superin- 
tendent of Public Instruction, the principal of the county fund to the 
townships and parts of townships in his county, according to the num- 
ber of persons under 21 years of age returned to him. The principal 
of the county fund so distributed shall be added to the principal of the 
township fund of the townships and parts of townships in his county. 
The interest, rents, issues and profits, arising and accruing from the 
principal of the county fund shall be distributed to the townships and 
parts of townships in his county as required by the provisions of this 
Act. 

Approved May 17, 1907. 



ELECTIONS IN CERTAIN DISTRICTS. 

An Act to etiahle school districts acting under special charters to hold 
elections for the election of school directors, members of boards of 
education, and members of boards of school inspectors, at the time 
provided for the election of school directors undei' the general school 
hw of the State. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in all cases, where the 
time for the election of members of boards of directors, boards of 
education and boards of school inspectors, is fixed by virtue of any 
special charter, such election may be held at the time now provided, or 
which may hereafter be provided, for the election of school directors 
under the general school laws of this State now or hereafter in force. 
§ 2. The provisions of this Act shall apply to the Board of School 
Inspectors of the city of Peoria, and to all other boards of directors, 
boards of education, and boards of school inspectors, existing under 
and by virtue of any special school charter heretofore granted by the 
State of Illinois. 

§ 3. Whereas, an emergency exists, this Act shall be in force from 
and after its passage. 

1. This bill having remained with the Governor for a period of ten days, 
Snnday excepted, and he not having filed it with his objections thereto in the 
office of the Secretary of State, it becomes a law in like manner as if he had 
signed it. 



JOLIET SCHOOL DISTRICT. 

An Act to provide for the election of boards of school inspectors in 
certain cases, to define the powers and to regulate the revenue there- 
of, to vest the title to certain school property and to repeal certain 
Acts herein named. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That in every city in this State 



8 

v.'hose schools have been operating under the provisions of special 
Acts and are governed by a board of school inspectors, and where such 
city, together with territory added thereto for school purposes, includes 
two districts for the purpose of electing six inspectors (three in each 
district) and one district for all other school purposes, there shall 
continue to be elected a board of school inspectors, consisting of six 
members (three in each district) and one inspector at large, who shall 
be chosen for a term of three years. 

§ 2. Such board of inspectors, when elected and qualified, shall 
have power, in addition to the powers conferred upon it by special 
law and the general school law, to employ teachers, janitors and such 
other employes as the board of inspectors shall deem necessary and 
to fix the amount of their compensation; to buy or lease sites for 
school houses, with the necessary grounds; to build, erect, lease or 
purchase buildings suitable for school purposes; to repair and im- 
prove school buildings and to furnish them with the necessary sup- 
plies, fixtures, apparatus, libraries and fuel: and such board of in- 
spectors shall have full power, and it shall be the duty of such board 
of inspectors to take the entire supervision and control of the schools 
of such district. 

§ 3. The board of school inspectors shall have the power to lev> 
a tax, annually, upon all of the taxable property of such district, in the 
manner provided by Article 8 of the general school law, for the pur- 
pose of maintaining free schools, in accordance with the powers con- 
ferred by section 2 of this Act. All moneys raised by taxation for 
school purposes, or received from the State common school fund, or 
any other source, or now held or hereafter collected for school pur- 
poses, shall be paid to and held by the township treasurer as a special 
fund for school purposes, subject to the order of the board of school 
inspectors, upon warrants signed by the president and sec-etary 
thereof, or a majority of said board. 

1. The taxing power should not be held to exist in a body seeking to exer- 
cise such power unless the power is conferred upon such body in clear and 
unequivocal terms. People v. Mottinger, 215-256. 

§ 4. The title, care and custody of all school houses and school 
sites belonging to such districts shall be vested in the trustees of 
schools of the townships in which such districts are situated: Pro- 
vided, however, that the supervision and control of such school houses 
and school sites shall be vested in the board of inspectors of such dis- 
tricts. 

§ 5. The trustees of schools of townships in which such districts 
are situated are hereby vested with the power to alter or change the 
boundaries of such school districts when petitioned as provided for 
by the general school law. 

§ 6. "An Act extending the powers of boards of school inspectors 
elected under special Acts," approved June 19, 1893, ^s amended by an 
Act approved June 11, 1897, and "An Act increasing the number of 
school inspectors elected under special Acts from six to seven mem- 
bers," approved March 6, 1895, "An Act to provide for the election 



of boards of inspectors in certain cases," approved May 12, 1905, and 
all other Acts and parts of Acts inconsistent with the provisions of 
tliis Act are hereby repealed. 
Approved May 25, 1907. 



TOWNSHIP HIGH SCHOOL DISTRICTS. 

An Act to provide for the annexation for township high school pur- 
poses, of any school township, or part of such township, not having 
an established township high school, to any adjacent school town- 
ship having an established township high school. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That upon petition of not less 
than five per cent of the voters of any school township not having an 
established township high school, which township adjoins any other 
school township having an established township high school, or upon 
petition of not less than five per cent of the voters of any specified 
territory within such school township not having such high school, 
filed with the township treasurer of schools at least fifteen days pre- 
ceding the regular election of trustees of schools in said township, and 
upon petition of five per cent of the legal voters of the township hav- 
ing an established township high school, filed with the township 
treasurer of schools of such township, at least fifteen days preceding 
the regular election of trustees in such township, it shall be the duty 
of the treasurer of the township not having a township high school to 
notify the voters of such townships, or, where the petition is for the 
annexation of a part of said township, to notify the voters of said part 
of said township that an election "For" or "Against" annexing said 
school township, or part of the township, as the case may be, will be 
held at the next regular election of trustees of schools of said town- 
ship, by posting notices of such election in at least ten of the most 
public places throughout such township, or part of the township, as 
the case may be, at least ten days before the date of such regular elec- 
tion, which notices may be in the following form : 

HIGH SOHOOL ANNEXATION ELECTION. 

Notice is hereby given that on Saturday, the day of April, A. D , 

an election will be held at for the purpose of voting 

"For" or "Against" the proposition to annex for township high school purposes 
the following territory, to-wit: (Here insert the number and range of the town- 
ship where the whole of the township is to be annexed, or where part of the 
township is to be annexed insert the said part of said township), to Township 

Number , Kange Number (township having an established high 

school) 

The polls of said election will open at o'clock and close at o'clock of 

said day. 

A B , 

Treasurer. 
§ 2. Where less than the whole of the township is to be annexed, 
only the voters in said territory in said township so to be annexed 
shall have the right to vote thereon in said township, and the trustees 



of schools of such township shall furnish and provide at said election 
a voting place for said territory, and shall provide for the judges and 
clerk of such election at said place. 

§ 3. It shall also be the duty of the treasurer of the township hav- 
ing an established high school to notify the voters of said township 

that an election "For" or "Against" annexing township 

(naming the same), or part of the township (naming 

the same), as the case may be, will be held at the next regular election 
of trustees, by posting notices of such election in at least ten of the 
most public places throughout such township, for at least ten days 
before the date of such regular election, which notices may be in the 
following form: 

HIGH SCHOOL AJNNEXATION ELECTION. 

Notice is hereby given that on Saturday, the day of April, A. D , 

an election will be held at for the purpose of 

voting "For" or "Against" the proposition to annex for township high school 
purposes the following territory, to-wit: (Here insert the number and range of 
the township where the whole of the township is to be annexed, or where part 
of the township is to be annexed insert the said part of said township), to Town- 
ship Number , Range Number (township having an established 

high school). 

The polls of said election will be open at o'clock and close at 

o'clock of said day. 

C D , 

Treasurer. 

§ 4. If the petitioners' petitions referred to in section i of this Act 
lequest the township treasurers, respectively, to submit said question 
at a special election, then it shall be the duty of said township treasurer 
to call said respective elections as provided in the foregoing sections, 
for some day and hour not exceeding thirty days from the date of the 
filing of said petition; and to give at least ten days' notice of said 
election, in which event the polls of said election shall be open for at 
least four consecutive hours, and the polling places in said respective 
townships shall be designated and fixed by said treasurers, respectively : 
Provided, that there shall be at least two polling places in each of the 
townships. 

§ 5. If a majority of the voters voting on said proposition in the 
township having an established high school, and also if a majority of 
the voters voting on said proposition in said township desiring to be 
annexed, or where part of the township is to be annexed, a majority 
of the voters voting in said territory on said proposition, shall vote in 
favor thereof, then said township or territory, as the case may be, 
shall be and become so annexed, and the property in said township or 
territory, as the case may be, shall thereafter be subject to taxation 
for the support and maintenance of said township high school, includ- 
ing the payment of any bonded indebtedness of said township high 
school, and interest thereon, thereafter falling due, after such annex- 
ation, as fully and to the same extent as is now, or may hereafter be 
provided by law for the levying of taxes upon property for the support 
and maintenance of township high schools. The taxes collected from 
said township or territory annexed for the support and maintenance 



II 

of a township high school shall be paid by the officer collecting the 
same to the township treasurer of the township having the established 
high school. 

§ 6. Said election shall be held in the manner now or hereafter 
provided by law for the holding of elections for township trustees of 
schools, and the ballots of such election shall be received and can- 
vassed, and the returns thereof made as in other school elections : Pro- 
vided, however, that if said election shall be carried as provided by 
this Act, it shall be the duty of the township treasurer of the township 
which is annexed, or part thereof, as the case may be, to file a certifi- 
cate with the county clerk of the county in which said township is 
located, or if said township is situated in more than one county, with 
the respective clerks of said counties, certifying to the territory so 
annexed, giving a description thereof. 

§ 7. Whereas, there are certain school townships in the State 
where the voters thereof are desirous of voting upon the matters in 
this Act set forth, at the next regular election for trustees, therefore 
an emergency exists, and this Act shall be and become in force from 
and after its passage. 

Approved May 22, 1907. 

NORMAL UNIVERSITY. 

An Act to amend section 6 of an Act entitled, "An Act for the estab- 
lishment and maintenance of a Normal University," approved and 
in force February 18, 1857. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 6 of an Act en- 
titled "An Act for the establishment and maintenance of a Normal 
University," approved and in force February 18, 1857, be amended so 
as to read as follows : 

§ 6. The board of education shall appoint a principal, lecturer on 
scientific subjects, instructors and instructresses, together with such 
other officers as shall be required in the said Normal University; fix 
their respective salaries and prescribe their several duties. They shall 
also have power to remove any of them for proper cause, after having 
given ten days' notice of any charge, which may be duly presented, 
and reasonable opportunity of defense. They shall also prescribe the 
text books, apparatus and furniture to be used in the university, and 
provide the same; and shall make all regulations necessary for its 
management. And the said board shall have power to recognize 
auxiliary institutions when deemed practicable: Provided, however, 
that such auxiliary institutions shall not receive any appropriation 
from the treasury or the seminary or university fund. And the said 
board shall have the further power, on recommendation of the faculty 
of said Normal University, to issue diplomas to such persons as shall 
have satisfactorily completed the required studies, and to confer such 
professional degrees as are usually conferred by other institutions of 
like character for similar or equivalent courses of study. 

Approved June i, 1907. 



SOUTHERN ILLINOIS NORMAL UNIVERSITY. 

An Act to amend section 12 of an Act entitled, "An Act to establish 
and maintain the Southern Illinois Normal University," approved 
and in force March g, 1869. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 12 of an Act en- 
titled "An Act to establish and maintain the Southern Illinois Normal 
University," approved and in force March 9, 1869, be amended so as 
to read as follows: 

§ 12. The said board of trustees shall appoint instructors and in- 
structresses, together with such other officers as may be required in 
said normal university, fix their respective salaries and prescribe their 
several duties. They shall also have power to remove any of them for 
proper cause, after having given ten days' notice of any charge which 
may be duly presented, and reasonable opportunity of defense. They 
shall also prescribe the text-books, apparatus and furniture to be used 
in the university and provide the same, and shall make all regulations 
necessary for its management. And the said board shall have the 
further power, on recommendation of the faculty of said Southern 
Illinois Normal University, to issue diplomas to such persons as shall 
have satisfactorily completed the required studies, and to confer such 
professional degrees as are usually conferred by other institutions of 
like character for similar or equivalent courses of study. 

Approved June i, 1907. 



northern ILLINOIS STATE NORMAL SCHOOL. 

An Act to amend section 12 of an Act entitled, "An Act to establish 
and maintain the Northern Illinois State Normal School," approved 
May 22, 1895. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 12 of an Act en- 
titled, "An Act to establish and maintain the Northern Illinois State 
Normal School," approved May 22, 1895, be amended so as to read as 
follows : 

§ 12. The said board of trustees shall appoint instructors, to- 
gether with such other officers as may be required in the said normal 
school, fix their respective salaries and prescribe their several duties. 
They shall also have power to remove any of them for proper cause 
after having given ten days' notice of any charge which may be duly 
presented, and reasonable opportunity for defense. They shall also 
prescribe the text-books, apparatus and furniture to be used in the 
school and provide the same, and shall make all regulations necessary 
for this management. And the said board shall have the further 
power, on recommendation of the faculty of said Northern Illinois 
State Normal School, to issue diplomas to such persons as shall have 
satisfactorily completed the required studies, and to confer such pr«- 



13 

fessional degrees as are usually conferred by other institutions of like 
character for similar or equivalent courses of study. 
Approved June i, 1907. 



EASTERN ILLINOIS STATE NORMAL SCHOOL. 

An Act to amend section 12 of an Act entitled, "An Act to establish 
and maintain the Eastern Illinois State Normal School," ap- 
proved May 22, 1895. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That section 12 of an Act en- 
titled, "An Act to establish and maintain the Eastern Illinois State 
Normal School," approved May 22, 1895, be amended so as to read as 
follows : 

§ 12. The said board of trustees shall appoint instructors, to- 
gether with such other officers as may be required in the said normal 
school, fix their respective salaries and prescribe their several duties. 
They shall also have power to remove any of them for proper cause 
after having given ten days' notice of any charge which may be duly 
presented, and reasonable opportunity for defense. They shall also 
prescribe the text-books, apparatus and furniture to be used m the 
school and provide the same, and shall make all regulations necessary 
for this management. And the said board shall have the further 
power, on recommendation of the faculty of said Eastern Illinois 
State Normal School, to issue diplomas to such persons as shall have 
satisfactorily completed the required studies, and to confer such pro- 
fessional degrees as are usually conferred by other institutions of like 

Approved June i, 1907. 



eminent DOMAIN. 

An Act enabling trustees, boards of education, and other corporate 
authorities of universities, colleges, township high schools, and all 
other educational institutions established and supported by this 
State, or by a township, to exercise the right of eminent domain. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That whenever any lot or parcel 
of land shall be needed as a site for a building to be erected for any 
tmiversity, college, township high school, or other educational institu- 
tion, established and supported by this State or by a township therein, 
and compensation for such lot or parcel of ground cannot be agreed 
upon between the owner or owners thereof and the trustees, board of 
education or other corporate authority of such university, college, 
township high school, or other educational institution so needing such 
lot or parcel of land for such site, then such trustees, board of educa- 
tion or other corporate authority of such university, college, township 
high school or other educational institution shall have the power and 



14 

it shall be their duty to proceed to have such compensation determined 
in the matter which may be at the time provided by law for the exer- 
cise of the right of eminent domain. 
Approved May 20, 1907. 



TEACHERS PENSION FUND. 

An Act to provide for the formation and disbursement of a public 
school teachers' pension and retirement fund in cities having a 
population exceeding 100,000 inhabitants. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That hereafter in cities having 
a population exceeding 100,000 inhabitants, there shall be created, 
established and maintained, in the manner provided by this Act, a 
public school teachers' pension and retirement fund, under the man- 
agement and control of a board of trustees, to be elected as hereinafter 
provided. 

§ 2. There shall, in every city in this State having a population 
exceeding 100,000 inhabitants, be elected a board of trustees to have 
the administration and control of a public school teachers' pension and 
retirement fund, to be created and maintained in the manner pro- 
vided by this Act. Such board of trustees shall consist of nine mem- 
bers, who shall each hold office until his successor is elected as herein 
provided. The secretary of the board of education of such city shall 
be ex officio a member of said board of trustees; in addition thereto 
there shall be elected annually at the first meeting of the board of 
education in the month of October of each year from said board two 
of its members to said board of trustees ; and on the date of the first 
meeting of the said board of education held in October, A. D. 1907, 
there shall be elected six members to said board of trustees from the 
teachers' force employed in said city; two for the term of one year, 
two for the term of two years and two for the term of three years, and 
on the date of the first meeting of said board of education in the 
month of October of each year thereafter there shall in like manner 
be elected two members to said board of trustees, who shall hold their 
office for a term of three years. The election of the members of said 
board of trustees by the board of education shall be by a majority 
vote in such manner as they, the board of education, shall provide. 
The election of the members to said board of trustees by the teaching 
force of such city shall be by ballot at an election held by the board 
of education, which shall conform as near as may be to the provisions 
of the law in relation to school elections, and each person being a 
member of the teaching force of such city, and a contributor to said 
pension and retirement fund shall be entitled to cast, at such election, 
one vote for each trustee to be elected. Elections to fill vacancies may 
be held and called by the board of education at the annual election: 
Provided, that the board of education may fill vacancies occurring in 
the memlDership of said board of trustees elected from said board of 
education at any regular meeting of the board of education. 



15 

§ 3- Said board of trustees shall have charge of and administra- 
tion of the public school teachers' pension and retirement fund of such 
city, and shall have power to invest the same in such manner as it 
shall deem most beneficial to said fund, but in the same manner and 
subject to the same terms and conditions as township trustees are 
permitted to invest school funds under the laws now in force or such 
as shall hereafter be enacted and shall have power to make payments 
from said fund of pensions or annuities granted in pursuance of this 
Act ; and shall from time to time make and establish such by-laws, 
rules and regulations for the administration of said fund, as they shall 
deem advisable and shall have power to employ such assistance and 
service as may, in their judgment, be necessary for the proper enforce- 
ment of the provisions of this Act and carrying into effect valid by- 
laws, rules and regulations enacted by them, and they shall have 
power to fill any vacancies occurring in said board of trustees of mem- 
bers elected from the teaching force of said city, until the next annual 
election, when said vacancies shall be filled as provided by this Act. 

§ 4. The public school teachers' pension and retirement fund of 
such city shall consist of moneys paid into said fund by persons desiring 
the benefits thereof, under the provisions of this Act ; of moneys re- 
ceived from donations, legacies, gifts, bequests or otherwise on account 
of said fund and of moneys paid into said fund in pursuance of any 
law now in force or hereafter to be enacted. 

§ 5. Any person who shall be employed to teach in the public 
school of any such city, after this Act shall take effect, shall be en- 
titled to the benefits of said fund upon complying with the provisions 
of this Act, and for the purposes of this Act such persons shall be 
divided into the following classes : 

1. Those who have taught five years or less. 

2. Those who have taught more than five years and not more than 
ten years. 

3. Those who have taught more than ten years and not more than 
fifteen years. 

4. Those who have taught more than fifteen years. 

And after this Act shall take effect, there shall be set apart from the 
salaries of all persons hereafter entering for the first time the employ 
of the board of education of such cities $5.00 per annum, while they 
remain in the first class ; $10.00 per annum while they remain in the 
second class; $15.00 per annum while they remain in the third class, 
and $30.00 per annum while they remain in the fourth class, which 
amounts shall be deducted by the board of education in equal install- 
ments from their respective salaries at the regular times for the pay- 
ment thereof, and be paid into and constitute a part of the public school 
teachers' pension and retirement fund of such city. 

§ 6. All persons who have heretofore been contributors to a public 
school teachers' pension and retirement fund of cities having a popu- 
lation exceeding 100,000 inhabitants, under any law now in force but 
who have withdrawn from such participation, may, if they shall exer- 
cise the option within six months from the time this Act shall become 
eifective renew their right to participation in a fund to be created in 



i6 

said city under the provisions of this Act, by paying into said fund the 
full amount of any moneys they may have withdrawn from such pre- 
vious fund and the full amount they would have contributed had they 
not withdrawn therefrom together with interest thereon at the rate 
of 4 per cent per annum from the time such moneys were withdrawn 
and from the time such payments would have become due to the date 
of their acceptance of the provisions of this section; and thereafter 
such persons shall contribute to said fund upon the same terms as 
teachers who shall hereafter be employed and become contributors to 
and beneficiaries of said fund. 

§ 7. All teachers who are now in the service of the board of educa- 
tion of any such city, other than those described in the previous sec- 
tion, may, if they shall exercise the option within six months from the 
time this Act becomes effective become contributors to and beneficiaries 
of the public school teachers' pension and retirement fund created 
under the provisions of this Act, upon the same terms as teachers who 
shall hereafter be employed and become contributors to and benefi- 
ciaries of said fund under section 6 of this Act. 

§ 8. Those teachers in the employ or hereafter to be employed by 
the board of education of any such city, who shall become contribu- 
tors to and beneficiaries of a public school teachers' pension and re- 
tirement fund, under any provisions of this Act, may count past ser- 
vice as a part of the period of twenty-five years hereinafter specified, 
by paying into said fund a sum equal to that which he or she would 
have contributed under the provisions of this Act, had he or she been 
a regular contributor to said fund, during said period of past service, 
together with interest thereon at the rate of 4 per centum per 
annum from the time such payments would have been made to the 
time such person shall by making such payment become entitled to 
the benefit of such past service. 

§ 9. Such board of trustees shall have the power and it shall be its 
duty to pass a resolution declaring the maturity of service and right 
to the immediate benefits of said fund in favor of persons entitled to 
the benefits thereof in the following cases : 

1. When any such persons shall have taught in the public schools 
or rendered service therein for a period of twenty-five years within the 
meaning of this Act. 

2. When any contributor to the said fund shall have taught fifteen 
years in the public schools within the meaning of this Act and shall 
by three competent physicians, who have made a physical examination 
of the teacher, at the request of a majority of such board of trustees, 
have been declared to be suffering from a permanent disability: Pro- 
vided, that neither said board of trustees nor said board of education 
shall declare any contributor entitled to the immediate benefits of said 
fund until he or she shall have taught in the public schools of such city 
three-fifths of the term of service of twenty-five or fifteen years as the 
case may be; and no person shall be entitled to the benefits of said 
fund until he or she shall have retired from service as a teacher in said 
city. 



§ lo. Each teacher so retired or retiring after twenty-five years of 
service shall thereafter be entitled to receive an annuity of $400,00 
and each teacher so retired because of permanent disability after fifteen 
years of service shall receive as an annual pension such proportion of 
the full annuity of $400.00 as the sum contributed by such teacher so 
retired bears to the total contribution required for a full annuity. 
Said pensions and annuities shall be paid monthly during the school 
year by said board of trustees out of the fund created in accordance 
with the provisions of this Act in the manner provided by law for the 
payment of teachers' salaries. 

§ II. The board of trustees in any such city, created by the pro- 
visions of this Act, shall succeed to the administration of any like fund 
established under any law now in force in this State and such board is 
hereby given the power to use both the principal and income of all 
funds for the payment of the pensions or annuities in this Act provided 
for, and shall have the power to reduce from time to time all pensions 
and annuities, provided such reduction shall be at the same rate on all 
classes and be rendered necessary by the condition of said fund. Any 
public school teacher who has heretofore retired from service and is en- 
titled to a pension or annuity from a like fund created under any law 
now in force to the administration of which such board of trustees has 
succeeded, or is a recipient of a pension or annuity thereunder, shall 
henceforth be entitled to participate in right of the present law on the 
same basis as members of the teaching force contributing to said pension 
and retirement fund, and to receive a graduating pension ranging from 
four-fifths to five-fifths of pensions paid under the provisions of this 
Act, dependent upon time of service ,and $30.00 per annum shall be 
withheld from such pensioner or annuitant as his or her additional 
contribution to said pension and retirement fund until he or she shall 
have paid the aggregate contribution of $450.00, provided this clause 
shall not be operative until pensions shall be payable under the pro- 
visions of this Act. 

§ 12. The president and the secretary of said board of education 
shall certify monthly to the city treasurer all amounts deducted from 
the salaries of teachers, special teachers, principals and superintendents 
of the board of education in accordance with the provisions of this 
Act, which amounts, as well as all other moneys contributed to said 
fund, shall be set apart and held by said treasurer as a special fund for 
the purposes hereinbefore specified, subject to the order of said board 
of trustees herein created, and shall be paid out upon warrants signed 
by the president and secretary of said board of education, and counter- 
signed by the president of the said board of trustees. 

§ 13. The city treasurer ex oMcio shall be the custodian of said pe»- 
sion fund, and shall secure and safely keep the same, subject to the con- 
trol and direction of said board of trustees and shall keep his books 
and accounts concerning such fund in such manner as may be pre- 
scribed by said board, and said books and accounts shall always be 
subject to the inspection of said board or any member thereof. Said 

— 2 SL 



i8 

dty treasurer shall be liable on his official bond for the proper per- 
formance of his duties and the conservation of the fund created by this 
Act. Any legal proceedings which may be necessary for the enforce- 
ment of the provisions of this Act, shall be brought by and in the 
name of the board of education for the use of the board of trustees of 
the public school teachers' pension fund. 

§ 14. No teacher who has been, or who shall have been, elected 
by said board of education, shall be removed or discharged, except for 
cause, upon written charges, which shall upon said teacher's written 
request, be investigated and determined by said board of education, 
whose action and decision in the matter shall be final. If at any time a 
teacher who is willing to continue is not re-employed or is discharged 
before the time he or she would, under the provisions of this Act, be 
entitled to a pension, then such teacher shall be paid back at once the 
money he or she may have contributed under this law. Any teacher 
who shall retire voluntarily from the service, prior to entering the 
aforesaid fourth class, shall receive a refund of one-half of the money 
he or she shall have contributed under this law. 

§ 15. All persons who shall hereafter be employed for the first 
time as teachers by the board of education of any such city shall by 
such employment accept the provisions of this Act and thereupon be- 
come contributors to said pension fund in accordance with the terms 
hereof. And the provisions of this Act shall become a part of and enter 
into any such contract of employment. 

§ 16. The money and property now in any such pension fund in 
any such city, under any law now in force in this State, shall be sub- 
ject to the control of a board of trustees to be elected under the pro- 
visions of this Act. 

§ 17. All pensions or annuities granted under the provisions of the 
Act and every portion thereof shall be exempt from attachment or 
garnishment process and shall not be seized, taken, subjected to, de- 
tained or levied upon by virtue of any execution, or any process or 
proceedings whatsoever issued out of or by any court of this State for 
the payment or satisfaction in whole or in part of any debt, claim, 
damage, demand or judgment against any pensioner hereunder, and no 
annuitant or pensioner shall have the right to transfer or assign his 
or her pension or annuity or any part thereof either by way or mort- 
gage or otherwise. 

§ 18. This Act is intended to succeed and take the place of all 
previous Acts on the subject of public school teachers' pension and 
retirement fund in cities having a population exceeding 100,000 in- 
habitants. And all Acts and parts of Acts in conflict herewith are 
hereby repealed. 

Approved May 24, 1907. 



19 



TEACHERS PENSION FUND AGAIN. 



An Act to provide for the contriimtion from interest on public school 
funds to the public school teachers' and public school employes pen- 
sion and retirement funds in cities having a population exceeding 
100,000 inhabitants. 

Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That neither the treasurer nor 
and other officer, having the custody of public school funds of any 
city, having a population exceeding 100,000 inhabitants, shall be en- 
titled to retain any interest accruing thereon or any part thereof, but 
such interest shall accrue and inure to the benefit of such school funds 
respectively, become a part thereof and be paid into the city treasury, 
subject to the purposes of this Act. 

§ 2. The board of education of any such city, as to such funds 
raised by taxation, levied by such city for school purposes, whether 
the same be for educational purposes or for building purposes, shall 
annually set aside all interest so added to such funds and contribute the 
same to the public school teachers' and public school employes' pension 
and retirement funds now created or existing or such as may be here- 
after created pursuant to any law. The amount of such interest so 
contributed, however, shall not exceed in any year 1% of the sums so 
levied for such purposes. 

Approved May 24, 1907. 



PROPOSED CHICAGO CHARTER. 



Article XIX. 

DEPARTMENT OF EDUCATION. 

19 — I. The city of Chicago shall constitute one school district, and 
shall maintain a thorough and efficient system of free schools whereby 
the children of the city may receive a good common school education. 
The public school system shall be a department of the city government, 
to be known as the department of education, at the head of which 
there shall be a board of education, and no power by this charter 
vested in the board of education or in any officer of the department 
shall be exercised by the city council except as by this charter pro- 
vided. 

19 — 2. From and after the taking effect of this Act, the board of 
education shall consist of fifteen members, to be appointed by the 
mayor with the approval of the city council, five of whom shall be 
appointed for the term of one year, five for the term of two years and 
five for the term of three years. At the expiration of the term of any 
member of said board of education, his successor shall be appointed in 
like manner and all members thus appointed and their successors shall 
hold their office for the term of three years from the first day of May 
of the year in which they are appointed. Any vacancy which may occur 
in the membership of said board of education shall be filled through ap- 
pointment by the mayor with the approval of the city council for the 
unexpired term. If any person so appointed shall fail to qualify within 
thirty days after his appointment, the office shall be filled by a new ap- 
pointment for the unexpired term. Members of the board of education 
shall serve without compensation. Any member of the board of educa- 
tion may be removed by the mayor upon proof either of official miscon- 
duct in office or of neglect of official duty, or of misconduct in any way 
connected with his official duties, or otherwise, which tends to dis- 
credit his office or the school system, or for mental or physical inability 
to perform his duty as a member, but before the removal of such a 
member he shall receive a timely notice in writing of th charges and 
a copy thereof and shall be entitled to a hearing on like notice before 
the mayor and to the assistance of counsel on said hearing. 



19 — 3- To be eligible for appointment to the board a person shall 
be at least twenty-five years of age, a citizen of the United States and 
shall have been a resident of the city of Chicago for at least five years 
immediately preceding his or her appointment. 

19 — 4. Mmbers of the board of education shall not while serving as 
such members hold any other public office under the federal, State, or 
any local government, other than that of a notary public, or member 
of the national guard; but by accepting any such public office while 
members of the board of education, or by not resigning any such office 
held at the time of being appointed to the board of education within 
thirty days after such appointment, shall be deemed to have vacated 
their membership in such board. 

19 — 5. No member of the board of education and no member of 
the department of education shall be interestd in the sale, proceeds or 
profit of any books, apparatus, furniture, supplies, or other property 
real or personal used or to be used in, or in connection with, an} of 
the public schools of the city. Any member of such board or depart- 
ment violating the provisions of this section shall upon conviction 
thereof pay a fine in a sum of not less than $25.00 nor more than 
$500.00, and may be imprisoned in the county jail or house of correc- 
tion for not less than one nor more than twelve months, in the dis- 
cretion of the court. 

19 — 6. Rules of the board of education shall be enacted or changed, 
moneys appropriated or expended, salaries fixed or changed, course of 
instruction adopted or changed only at regular meetings of the board 
of education and by a vote of a majority of the full membership of the 
board, and upon such proposition and upon all propositions requiring 
for their adoption at least a majority of all the members of the board 
the ayes and nays shall be taken and recorded. 

19 — 7. The board of education shall elect annually from its own 
number, a president and vice president in such manner and at such 
time after the yearly appointment of new members, and not later than 
the second regular meeting of the board after such appointment, as 
the board may determine by its rules. The president shall preside at 
the meeting of the board and shall have the same power to vote at 
such meetings as any other member, but shall not have the power of 
veto. He shall exercise a general superintendence over the affairs of 
the board and shall perform such duties as may be imposed upon him by 
the rules of the board. The vice president shall perform the duties of the 
president in case of the president's absence or inability to act and shall 
perform such other duties as may be imposed upon him by the rules 
of the board. 

19 — 8. The board of education shall by a vote of a majority of the 
full membership of the board appoint as executive officers a superin- 
tendent of education, a business manager and a secretary, and may 
also appoint or provide for the appointment of such other officers and 
employes as it may deem necessary. 

19 — 9. The board shall, subject to the provisions of this charter, 
prescribe the duties, compensation and terms of office of all officers, 
but the term of office of no such officer shall exceed four vears and the 



salary of no officer shall be lowered during his term of office, either by 
the board or by the city council, except by a pro rata reduction that 
may be necessary in case of a general reduction affecting all employes. 
The board shall also prescribe the duties and compensation of all em- 
ployes of the department. It may prescribe which of its officers or 
employes shall give bond and in what amount. 

19 — 10. The appointment and removal of the superintendent of 
education and business manager and of the attorney and auditor (if 
any such officers shall be appointed) shall not be subject to the civil 
service law, but such officers shall be removable only for cause by vote 
of not less than a majority of all the members of the board upon written 
charges to be heard by the board upon due notice to the officers against 
whom they are preferred, but pending the hearing of such charges the 
officers charged may by a two-thirds vote be suspended by the board. 

19 — II. All appointments of employes of the board of education, 
except as herein otherwise provided, shall be made in pursuance of the 
provisions of the civil service law, and no employe shall be removed 
except for cause, upon written charges, which shall be investigated 
and determined by the board of education, whose action and decision in 
the matter shall be final, when approved by the civil service commission. 
Teachers shall for this purpose not be held to be employes. 

19 — 12. The title of all property, real and personal, held for the use 
or benefit of schools shall be vested in the city of Chicago in trust for 
the use of the schools. 

19 — 13. The board of education may, with the concurrence of the 
city council, to be manifested by the passage of an ordinance for that 
purpose, acquire by purchase, condemnation or otherwise, real estate 
for school purposes, including school buildings, play grounds and 
offices for the board of education. Condemnation proceedings for the 
purpose of acquiring such property shall be conducted in the name of 
the city of Chicago for the use of the schools. 

19 — 14. The board of education may rent buildings, rooms or 
grounds, or for the use of schools, or for the purpose of school ad- 
ministration, but it shall not take any lease or renewal thereof for a 
term longer than five years without the concurrence of the city council, 
nor alter the provisions of any lease heretofore or hereafter made whose 
unexpired term may exceed five years, without such concurrence. 

19 — 15. The board of education shall have the power to let school 
property on leasehold for a term not longer than ninety-nine years from 
the date of granting the lease ; but it shall not make or renew any lease 
for a term longer than five years without the concurrence of the city 
council, nor alter the provisions of any lease heretofore or hereafter 
made whose unexpired term may exceed five years, without such con- 
currence. 

. 19 — 16. The board of education may grant the use of assembly halls 
and class rooms whm not otherwise needed, including light, heat and 
attendance, for public lectures, concerts and other educational and social 
interests, free of charge, but under such provisions and control as the 
board may see fit. 



23 

19 — 17- No sale of real property used for school purposes or held 
in trust for the schools shall be made by the city council except upon 
written request of the board of education. Personal property other 
than chattels real belonging- to the department and no longer needed 
for its purposes may be sold under its direction. 

19 — 18. All moneys raised by taxation for school purposes or re- 
ceived from the State common school fund or from any other source 
for school purposes, shall be held by the city treasurer, as a separate 
fund, for school purposes, subject to the order of the board of educa- 
tion upon a warrant of its president, to be countersigned by the mayor 
and city comptroller. 

19 — 19. Investments of school funds shall only be made in govern 
ment. State or municipal securities. 

19 — 20. The mayor shall as often as yearly, and may as often as 
semi-annually, appoint certified public accountants to examine and 
audit the accounts of the board of education, and a report thereof, to- 
gether with any recommendations of such accountants as to changes 
in the business methods of the board or any of its departments, officers, 
or employes, shall be made to the mayor, the city council, and the board 
of education, and be spread upon the records of the latter. The ex- 
pense of such audit shall be paid by the board. 

19 — 21. The board of education shall make an annual report to the 
city council. 

19 — 22. The board of education shall exercise general supervision 
and management of the public education and the public school system 
of the city of Chicago and shall have power to make suitable provision 
for the establishment and maintenance throughout the year or for such 
portion of the year as it may direct of schools of all grades and kinds, 
including normal schools, night schools, schools for defectives and de- 
linquents, parental or truant schools, schools for the blind, the deaf 
and the crippled, schools or classes in manual training, constructional 
and avocational teaching, domestic arts and physical culture, vacation 
and extension schools and lecture courses and all other educational in- 
stitutions and facilities. It shall have the power to cooperate with the 
juvenile court and to make arrangements with the public or quasi- 
public libraries and museums for the purpose of extending the privilege 
of such libraries and museums to attendants of schools and the public 
in the neighborhood of the schools. 

19 — 23. The board of education shall establish by-laws, rules and 
regulations for the proper maintenance of a uniform system of disci- 
pline and management of the schools, and may fix the school age of 
pupils, which in kindergarten schools shall not be under four years 
and in the grade schools shall not be under six years. It shall have the 
power to expel any pupil who shall be guilty of gross disobedience or 
misconduct. 

19 — 24. The board of education shall have continuing power to 
divide the city into sub-districts and apportion the pupils to the several 
schools, but no pupil shall be excluded from or segregated in any such 
school on account of his or her race, color or nationality. 



24 

19 — 25- The board of education shall have the power to prescribe 
the courses and method of studies in the various schools, subject to the 
general laws of the State. 

19 — 26. The specification of the powers herein granted is not to be 
construed as exclusive, but the board of education shall exercise all 
power that may be requisite or appropriate for the maintenance and 
fullest development of an efficient public school system. 

19 — 27. The superintendent of education shall have general super- 
vision, subject to the board, of the courses of study, text books, educa- 
tional apparatus, discipline and conduct of the schools, and shall per- 
form such other duties as the board may by rule prescribe. Appoint- 
ments, promotions and transfers of teachers, principals and assistant 
and district superintendents and other educational officers shall be made, 
and text books and educational apparatus shall be introduced by the 
board of education only upon his recommendation, unless it be by a 
two-thirds vote of all the members of the board. Text books shall not 
be changed oftener than once in four years. 

19 — 28. The superintendent of education shall have a seat in the 
board of education, but no vote. 

19 — 29. The business manager shall have general care and super- 
vision of the property and routine business of the department of edu- 
cation. In matters affecting the general policy of his administraticai 
he shall be subject to the direction of the board. He shall, with the 
concurrence of the board of education, appoint his subordinates. The 
board of education shall maintain a bureau of buildings and construc- 
tion which shall have charge of the erection, construction, alteration 
and repair of all buildings under the control of the board of education. 
The board of education shall, subject to the provisions of the civil ser- 
vice law, appoint a chief architect, who shall be at the head of the 
bureau of building and construction, and also a chief engineer, who 
shall have charge of the matters relating to the heating, ventilating and 
sanitation of buildings. The architect and chief engineer shall be 
removed only in pursuance of the provisions of the civil service law. 
They shall be subject to the general direction of the business manager. 

19 — 30. The board of education shall examine all persons offering 
themselves as candidates for teachers and when found well qualified 
shall give them certificates gratuitously. Appointments and promotions 
of teachers and principals shall be made for merit only, and after satis- 
factory service for a probationary period of three years appointments 
of teachers and principals shall become permanent, subject to the rules 
of the board concerning conduct and efficiency, and subject to removal 
for cause upon written charges after a hearing before the board of 
education or a committee appointed by the board ; but the board need 
not retain in service more principals or teachers than in its judgment 
the needs of the school require. 

19 — 31. The board of education shall have the power, subject to 
the power over appropriation vested in the city council, to prescribe the 
aompensation of teachers and other educational officers. Such compen- 
sation shall be payable monthly. 



25 

19 — $2. The provisions of this Act regarding education shall con- 
stitute a part of the law intended to provide for the city of Chicago a 
system of free schools ; and shall be construed in connection with the 
general school law of the State. Except as by this Act modified the 
provisions of the general school law shall apply to the city of Chicago 
and for the purpose of sharing in the distribution of the common school 
fund and other distributive funds, the schools of the city shall be deemed 
to be kept in accordance with the provisions of said law. 

Article XX. 

COMPULSORY EDUCATION. 

2a — I. Every person having control of any child between the ages 
of seven and sixteen years shall annually cause such child to attend 
some public or private school for the entire time during which the 
school attended is in session, which period shall not be less than one 
hundred and ten days of actual teaching : Provided, this requirement 
shall not apply to any case where the child has been or is being other- 
wise instructed for a like period of time in each and every year in the 
elementary branches of education by a person or persons competent to 
give such instruction, or to any child whose physical or mental condition 
renders his or her attendance impracticable or inexpedient, or who is 
excused for temporary absence for cause by the principal or teacher in 
charge of the school which such child attends, or to any female child 
of the age of fourteen years and upwards whose services are required 
in her home and who is on that account excused from attendance by 
the board of education or by the superintendent or the principal of the 
parochial school which she has been attending before being so excused, 
or to any child of the age of fourteen years and upwards while such 
child is in good faith engaged in regular and lawful employment which 
occupies him or her regularly not less than five hours daily for not less 
than five days in each week. 

20 — 2. Every person or corporation employing a child of the age 
of fourteen years and upwards and under the age of sixteen shall forth- 
with report such employment to the board of education, together with 
the number of days in the week and the number of hours in the day 
during which such child will be regularly employed, and also such other 
particulars as. the board of education may prescribe. When the em- 
ployer ceases to employ such child regularly for the period of time 
above stated, he shall report the fact to the board of education. The 
board of education shall keep blank forms of notices and reports at con- 
venient places throughout the city for free distribution. The board 
of education shall keep on file in its office copies of all age and school 
certificates ^issued by it and shall also procure and place on file copies 
of the age and school certificates issued by superintendents or principals 
of parochial schools and filed in duplicate in the office of the State 
factory inspector. 

20 — 3. Any person violating any duty imposed upon him by the 
two foregoing sections and any person who for the purpose of evading 
the provisions of said sections shall make false statements concerning 



26 

the age of any child or regarding the time such child has attended 
school, or concerning the fact or time or continuance of the employment 
of such child, shall be fined in a sum not exceeding twenty dollars for 
any one offense. Such fine shall be paid into the city treasury for the 
use of the department of education. 

20 — 4. The board of education shall appoint one or more truant 
officers subject to the civil service rules, whose duty it shall be to report 
all violations of the law regarding compulsory school attendance to the 
board of education, and to enter complaint against and prosecute all 
persons who shall appear to be guilty of any violation of such law. It 
shall be the duty of said truant officers to arrest any child of school age 
that habitually haunts public places and has no lawful occupation, and 
also any truant child who absents himself or herself from school with- 
out being lawfully excused as aforesaid, and to place him or her in 
charge of the teacher or principal having charge of any school which 
said child is by law entitled to attend, and which school shal be desig- 
nated to said officer by the parent, guardian or person having control 
of said child. In case such parent, guardian or person shall designate 
a school without making or having made arrangements for the recep- 
tion of said child in the school so designated, or in case he refuses or 
fails to designate any school, then such truant officer shall place such 
child in charge of the principal of a public school. And it shall be the 
duty of said principal to assign said child to the proper class, and to 
instruct him or her in such studies as he or she is fitted to pursue. The 
truant officer so appointed shall be entitled to such compensation for 
services rendered under this Act as shall be determined by the board 
of education, and which compensation shall be paid out of the dis- 
tributable school fund: Provided, that nothing herein contained shall 
prevent the parent, guardian or person having charge of such truant 
child, which has been placed in any school by the truant officer, to 
thereafter send said child to any other school which said child is by 
law entitled to attend. 

20 — 5. Any child of compulsory school age who is habitually truant 
may be committed to a parental school in the manner hereinafter pro- 
vided. Parental schools shall not be erected at or near any penal in- 
stitution. 

20 — 6. It shall be the duty of any truant officer or agent of such 
board of education to petition, and any reputable citizen of the city 
may petition, the county or circuit court of the county, to inquire into 
the case of any child of compulsory school age who is not attending 
school, and who has been guilty of habitual truancy, or of persistent 
violations of the rules of the public school, and the petition shall also 
state the names, if known, of the father and mother of such child, or 
the survivor of them ; and if neither father nor mother of such child is 
living, or can not be found in the county, or if their names* can not be 
ascertained, then the name of the guardian if there be one known ; and 
if there be a parent living whose name can not be ascertained, or a 
guardian, the petition shall show whether or not the father or mother 
or guardian consents to the commitment of such child to such parental 
•r truant school. Such petition shall be verified by oath upon the belief 



27 

of the petitioner, and upon being filed the judge of the county or circuit 
court shall have such child named in the petition brought before him 
for the purpose of determining the application in said petition contained. 
But no child shall be committed to such school who has ever been con- 
victed of any offense punishable by confinement in any penal institution. 

20 — 7. Upon the filing of such petition the clerk of the court shall 
issue a writ to the sheriff of the county directing him to bring such child 
before the court ; and if the court shall find that the material facts set 
forth in the petition are true, and if, in the opinion of the court, such 
child is a fit person to be committed to such parental or truant school, 
an order shall be entered that such child be committed to such paretal 
or truant school, to be kept there until he or she arrives at the age of 
fourteen years, unless sooner discharged in the manner hereinafter set 
forth. Before the hearing aforesaid notice in writing shall be given 
to the parent or guardian of such child, if known, of the proceedings 
about to be instituted, that he or she may appear and resist the same, 
if they so desire. 

20—8. It shall be the duty of the parent or guardian of any child 
committed to this school to provide suitable clothing upon his or her 
entry into such school, and from time to time thereafter as it may be 
needed, upon notice in writing from the superintendent or other proper 
officer of the school. In case any parent or guardian shall refuse or 
neglect to furnish such clothing, the same shall be provided by the 
board of education, and such board may have an action against such 
parent or guardian of said child to recover the cost of such clothing, 
with ten per cent aditional thereto. 

20 — 9. No religious instruction shall be given in said school except 
such as is allowed by law to be given in public schools ; but the board 
of education shall make suitable regulation so that the inmates may re- 
ceive religious training in accordance with the belief of the parents of 
such children, either by allowing religious services to be held in the 
institution or by arranging for attendance at public service elsewhere. 

20 — 10. The board of education shall have power to establish rules 
and regulations under which children committed to such parental or 
truant school may be allowed to return home upon parole, but to re- 
main while upon parole in the legal custody and under the control of 
the officers and agents of such school, and subject at any time to be 
taken back within the enclosure of such school by the superintendent 
or any authorized officer of said school, except as hereinafter provided ; 
and full power to enforce such rules and regulations to retake any 
such child so upon parole is hereby conferred upon such board of edu- 
cation. No child shall be released upon parole in less than four weeks 
from the time of his or her commitment, nor thereafter until the super- 
intendent of such parental or truant school shall have become satisfied 
from the conduct of such child that, if paroled, he or she will attend 
regularly the public or private school to which he or she may be sent 
by his or her parents or guardian, and shall so certify to the board of 
education. 

20 — II. It shall be the duty of the principal or other person having 
charge of the school to which such child so released on parole may be 



sent, to report at least once each month to the superintendent of the 
parental or truant school, stating whether or not such child attends 
school regularly, and obeys the rules and requirements of said school ; 
and if such child so released upon parole shall be regular in his or her 
attendance at school and his or her conduct as a pupil shall be satis- 
factory for a period of one year from the date which he or she was re- 
leased, on parole, he or she shall then be finally discharged from the 
parental or truant school, and shall not be recommitted thereto except 
on petition as hereinbefore provided. 

20 — 12.' In case any child released from said school upon parole, 
as hereinbefore provided, shall violate the conditions of his or her pa- 
role at any time within one year thereafter, he or she shall upon the 
order of the board of education, as hereinbefore provided, be taken 
back to such parental or truant school, and shall not again be released 
upon parole within the period of three months from the date of such 
^e-entering; and if he or she shall violate the conditions of a second 
parole, he or she shall be recommitted to such parental or truant school 
and shall not be released therefrom on parole until he or she shall re- 
main in such school at least one year. 

20 — 13. In any case where a child is found to be incorrigible and his 
or her influence in such school to be detrimental to the interest of the 
other pupils, the board of education may authorize the superintendent 
or any officer of the school to represent these facts to the circuit or 
county court by petition ; and the court shall have authority to commit 
said child to some juvenile reformatory. 

Approved June 5, 1907. 



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LIBRARY OF CONGRPQQ 

019 727 994 1 



HoUinger Corp. 
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